News & Analysis as of

False Advertising Penalties

Cozen O'Connor

Weighty Penalty for Bootleg GLP-1 Drug Sales

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Connecticut AG William Tong announced a settlement with Triggered Brand following allegations that the company unlawfully advertised and sold counterfeit GLP-1 weight loss drugs in violation of state consumer protection laws....more

Davis Wright Tremaine LLP

Stars, Stripes, and Substantiation: The Boom in "Made in USA" Claims—and Lawsuits

Red, white, and booming: "Made in USA" advertising is having a moment. Brands across industries are leaning into patriotic themes, tapping into consumer enthusiasm for American-made goods, domestic job creation, and a good...more

Hinch Newman LLP

FTC Announces Another Action Against Alleged eCommerce Business Opportunity Violators

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In 2024, FTC compliance lawyer wrote about the first case where the Federal Trade Commission charged a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and...more

Klein Moynihan Turco LLP

Not Worth the Gamble: Major Deceptive Gaming Advertising Settlement Announced

On July 10, 2025, the Connecticut Department of Consumer Protection (“DCP”) announced that it had reached a settlement with DraftKings following a gaming advertising-related investigation. Without admitting fault, DraftKings...more

Fenwick & West LLP

Brands May Need To Disclose The Use of AI Performers

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The New York legislature recently passed a bill, A.8887-B(Rosenthal)/S.8420-A(Gianaris), that would mandate the conspicuous disclosure of "synthetic performers" in advertisements. A synthetic performer is defined as a...more

Troutman Pepper Locke

NY AG Reaches $3.2M in Settlements With 8 New York Nissan Dealerships

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New York Attorney General (AG) Letitia James’ office has reached a cumulative total of $3.2 million in settlements with eight Nissan dealerships that the office accuses of overcharging New Yorkers for purchasing leased...more

Troutman Pepper Locke

Colorado Cracks Down on Hemp Misrepresentation

Troutman Pepper Locke on

On May 14, Colorado Attorney General (AG) Phil Weiser announced that the state reached a settlement with MC Global Holdings, LLC, its associated companies, and owners (collectively MC) to resolve allegations that MC’s...more

Morgan Lewis

'Made in USA' Claims: Compliance Refresher and Best Practices

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With tariffs reshaping the trade landscape and patriotic holidays on the horizon, companies are looking for ways to showcase their US origin, presence, and footprint. But while “Made in USA” claims offer powerful consumer...more

Brownstein Hyatt Farber Schreck

Ensuring Transparency and Compliance in Eco-Friendly Marketing

Eco-friendly labels, such as “green”, “eco-friendly, and “sustainable,” can be a powerful marketing tools, especially as the demand for environmentally friendly products continues to rise. While these labels are a great way...more

Benesch

Time to RE-act: The Washington Supreme Court’s New Email Subject Line Ruling Could Put Retailers on the Hook for Trillions

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On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more

Hogan Lovells

Deceptive sweepstakes prompt FTC action and consumer payouts

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Last week, the Federal Trade Commission sent more than $18 million in refunds to U.S. consumers who entered a Publishers Clearing House (PCH) sweepstakes in recent years. The refund represents a significant remedy to...more

Seyfarth Shaw LLP

Federal Trade Commission Orders accessiBe to Pay $1M For Misleading Claims Relating to Automated Website Accessibility Remediation...

Seyfarth Shaw LLP on

The FTC issued a Decision and Order prohibiting accessibility plug-in/Widget vendor AccessiBe from making misleading claims and to pay $1 million....more

Klein Moynihan Turco LLP

Washington Email Marketing Climate Has Changed!

Last week, the Washington State Supreme Court issued a ruling which is anticipated to have significant implications for going-forward compliance with the Washington email law, the Commercial Electronic Mail Act (“CEMA”). ...more

Jones Day

Major UK Bank Penalized by the ASA for Greenwashing

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On December 18, 2024, the Advertising Standards Authority ("ASA"), the UK's regulator of advertising, issued a ruling against Lloyds Bank plc ("Lloyds") following a complaint by Adfree Cities, a network challenging corporate...more

Hudson Cook, LLP

FTC Proposes Largest Dealer Fine in Its History

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On December 19, 2024, the Federal Trade Commission announced a proposed $20 million settlement with Leader Automotive Group and its parent company, AutoCanada, to resolve claims brought by the FTC and the State of Illinois....more

Hinch Newman LLP

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

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On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

Awatif Mohammad Shoqi Advocates & Legal...

UAE Issued New Penalties Under the Consumer Protection Law

The Ministry of Economy in the UAE has recently introduced a comprehensive list of violations under Cabinet Decision No. 66/2023 concerning the Executive Regulation of Federal Law No. 15/2020 on Consumer Protection. Federal...more

ArentFox Schiff

FTC Proposes Rule to Ban Hidden and Falsely Advertised Fees

ArentFox Schiff on

The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain "hidden" and "junk" fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are...more

ArentFox Schiff

Penalty Offense Authority and the Future of FTC Privacy Law

ArentFox Schiff on

From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

ArentFox Schiff

Investigations Newsletter: Former NBA Player Sentenced to 10 Years in Prison for Health Care Fraud

ArentFox Schiff on

Former NBA Player Sentenced to 10 Years in Prison for Health Care Fraud - Terrence Williams, a former NBA player, was sentenced to 10 years in prison for his participation in a scheme to defraud the NBA’s Health and...more

Lippes Mathias LLP

NY Attorney General Relies on General Business Law, False Advertising Rules as Formidable Weapons in its Legal Arsenal

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The New York State Attorney General has increasingly turned to one of the most powerful legal options in its arsenal to extract significant financial penalties from companies doing business in New York. In New York,...more

Hinch Newman LLP

Roundup of FTC Consumer Protection Matters of Interest to Digital Advertisers: April 2023

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In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more

Proskauer - Advertising Law

“Born in the USA”?: Place of Origin Claims Take Center Stage in False Advertising Suits and FTC Enforcement

It has been almost forty years since Bruce Springsteen first famously celebrated being “Born in the USA.” From an advertising industry perspective, this song’s lasting popularity is no surprise; as advertisers know, “Made in...more

Pillsbury Winthrop Shaw Pittman LLP

Workplace Safety Hazards in Retail Industry

OSHA has been turning its attention to workplace safety hazards in warehouses and retail stores. Workplace safety hazards lead to employee injuries and complaints, opening the company to inspections and violations....more

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